SATPAL NAHAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner has been found to have encroached upon 45.70 square metres of land belonging to the respondents in the proceeding initiated against him under the H.P. Public Premises Eviction and Rent Recovery Act, 1971 (for short the "Act") and has filed the instant petition for grant of the following substantive reliefs:-

(2.) The petitioner was served with eviction notice under Section 4 of the Act for having illegally encroached upon the land of the respondents comprised in Khasra Nos.1258, 1259, 1260, 1261 and 1262, total measuring 45.70 square metres, situated at Silwan Hall, Longwood, Shimla.

(3.) These proceedings were contested by filing reply wherein it was averred that the respondents are not the owner of the land as the same belongs to the State Government and, therefore, it has no right to seek eviction. It was further averred that the petitioner had otherwise become owner by way of adverse possession and, therefore, could not be ordered to be ejected from the land in question. The Estate Officer ordered the eviction of the petitioner by coming to the conclusion that he was an encroacher by according the following reasons:-